20 Apr 2022
Del Ridge Homes Inc. v. Ledgemark Homes Inc.
Ledgemark Homes Inc. had appealed the dismissal of their motion for a protective order with "counsel's eyes only" provisions. The underlying action involved a trademark infringement claim by Del Ridge Homes Inc. against Ledgemark. The business relationship between the principals of both companies had deteriorated. Ledgemark had previously sought an oppression remedy against Del Ridge in a separate Ontario litigation. Del Ridge had commenced the trademark infringement action without the consent of Ledgemark. Ledgemark had initially raised the issue of a protective order but later decided not to pursue it. Del Ridge had brought a motion to compel Ledgemark to produce certain documents, resulting in an order compelling disclosure. Ledgemark's subsequent motion for a protective order was dismissed on February 14, 2022. The parties had agreed that costs in the amount of $2500 should be paid immediately. Consequently, the appeal was dismissed, and Del Ridge Homes Inc. was awarded costs in the same amount.